Appeal – State aid – Aid planned by the United Kingdom in favour of Hinkley Point C nuclear power station – Contract for Difference, Secretary of State Agreement and Credit Guarantee – Decision declaring the aid compatible with the internal market – Public interest objective – Investment aid -Operating aid -Article 107(3)(c) TFEU – Article … Continue reading Austria v Commission (Appeal – Sate Aid – Aid Planned By The United Kingdom In Favour of Hinkley Point Nuclear Power Station – Opinion): ECJ 7 May 2020

ECFI 1. The Community does not incur non-contractual liability on account of damage caused by legislative measures adopted by its institutions unless a sufficiently serious breach of a superior rule of law for the protection of the individual has occurred. In a legislative field which is characterized by the exercise of a wide discretion, such … Continue reading Lefebvre and others v Commission: ECFI 14 Sep 1995

ECJ The aim of the pre-litigation procedure provided for in Article 169 of the Treaty is to give the Member State concerned an opportunity to justify its position or, as the case may be, to comply of its own accord with the requirements of the Treaty. If that attempt to reach a settlement proves unsuccessful, … Continue reading Commission v Netherlands (Judgment): ECJ 19 May 1998

Member States – Obligations – Implementation of directives – Undisputed failure to fulfil obligations – (EC Treaty, Art. 169) Citations: C-260/94, [1995] EUECJ C-260/94 Links: Bailii Statutes: EC Treaty Art 169 European Updated: 03 June 2022; Ref: scu.161433

ECJ Member States – Obligations – Implementation of directives – Finding of failure to fulfil obligations – (EC Treaty, Art. 169) Citations: C-216/94, [1995] EUECJ C-216/94 Links: Bailii European Updated: 03 June 2022; Ref: scu.161401

ECJ Articles 9 and 12 of the Treaty, which prohibit the levying of customs duties and charges having equivalent effect in intra-Community trade, must be interpreted as applying to a ‘transit charge’ designed to compensate a private undertaking for bearing costs arising from the performance by the customs and veterinary services of their tasks as … Continue reading Dubois and Cargo v Garonor: ECJ 11 Aug 1995

ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-336/93, [1994] EUECJ C-336/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161165

ECJ Member States – Obligations – Implementation of directives – Failure to fulfil obligations not disputed (EEC Treaty, Art. 169) Citations: C-289/93, [1994] EUECJ C-289/93 Links: Bailii Jurisdiction: European European Updated: 03 June 2022; Ref: scu.161133

Europa In exercising its powers under Articles 155 and 169 of the Treaty, the Commission, when bringing an action for failure to comply with obligations under the Treaty, does not have to show that there is a specific interest in bringing the action. Article 169 is not intended to protect the Commission’ s own rights. … Continue reading Commission v Germany: ECJ 11 Aug 1995

ECJ 1. In proceedings under Article 169 of the Treaty, it is for the Commission to judge at what time it will bring an action for failure to fulfil obligations; the considerations which determine its choice of time cannot affect the admissibility of the action. That being so, the fact that no action was taken … Continue reading Commission v Germany (Rec 1994,p I-2039) (Judgment): ECJ 1 Jun 1994

Europa Action for failure to act – Natural and legal persons – Failure to act as ground of action – Failure to initiate Treaty infringement proceedings – Inadmissibility (EEC Treaty, Art 169, second paragraph, and Art . 175, third paragraph) Action for damages – Subject-matter – Claim for compensation for damage caused by national authorities … Continue reading Asia Motor France v Commission (Rec 1990,p I-2181) (Order): ECJ 23 May 1990

ECJ 1. The first subparagraph of Article 5(2) of Council Regulation No 1697/79 provides that the competent authorities may refrain from taking action for the post-clearance recovery of import or export duties which have not been collected as a result of an error made by the competent authorities themselves which could not reasonably have been … Continue reading Mecanarte-Metalurgica da Lagoa v Alfandega do Porto: ECJ 27 Jun 1991

Europa Member States – Obligations – Implementation of directives – Failure – Justification – Not acceptable (EEC Treaty, Art. 169) A Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in Community directives. Citations: … Continue reading Commission of the European Communities v Italian Republic (Rec 1990,p I-4853) (Judgment): ECJ 13 Dec 1990

Europa Where, in proceedings based on Article 169 of the Treaty, the Commission requests the Court to declare that a Member State has failed to fulfil its obligations under the Treaty, it is for the Commission itself to adduce evidence of the alleged infringement. The introduction by a Member State in the pharmaceutical products sector … Continue reading Commission v Belgium: ECJ 19 Mar 1991

ECJ 1. According to well-established case-law, a Member State cannot plead provisions, practices or circumstances existing in its internal legal system in order to defend a failure to comply with obligations and time-limits laid down in Community directives.2. If the Member State to which a reasoned opinion has been issued has not, by the end … Continue reading Commission v Greece: ECJ 6 Dec 1989

(Judgment) Action for failure to act – Natural or legal persons – Failures to act against which an action lies – Failure to commence proceedings for a breach of Treaty obligations – Inadmissibility An action for failure to act brought by a natural or legal person for a declaration that in not commencing against a … Continue reading Star Fruit v Commission: ECJ 14 Feb 1989

1. Although the powers conferred on the Commission by Article 90(3) of the Treaty operate in a specific field of application and under conditions defined by reference to the particular objective of that article, that does not prevent the ‘directives’ and ‘decisions’ referred to in that provision from falling within the general category of directives … Continue reading Commission v Greece: ECJ 30 Jun 1988

ECJ 1. The purpose of the pre-litigation procedure provided for by article 169 of the Treaty, which forms part of the general supervisory tasks entrusted to the commission by the first indent of article 155, is to give the member state concerned an opportunity either to justify its position or, if it so wishes, to … Continue reading Commission v Belgium: ECJ 18 Mar 1986

ECJ Member states – failure to apply a directive – effect on the functioning of the common market – absence thereof – justification for failure to fulfil obligations under a directive – not permissible (EEC Treaty, art 169) A member state may not invoke, for the purpose of justifiying a failure to fulfil obligations under … Continue reading Commission v Netherlands: ECJ 11 Apr 1978

Europa The commission, in the exercise of the powers which it has under articles 155 and 169 of the treaty, does not have to show the existence of a legal interest, since, in the general interest of the community, its function is to ensure that the provisions of the treaty are applied by the member … Continue reading Commission v France (Judgment): ECJ 4 Apr 1974

ECJ 1. The provisional character conferred by article 9(3) of Regulation no 17 on steps taken by national authorities in connexion with the implementation of article 85 of the EEC Treaty cannot call in question the Commission’s exercise to the full of its powers within the framework of the common market. 2. In order to … Continue reading ACF Chemiefarma v Commission: ECJ 15 Jul 1970

Europa An interpretation given by the court of justice under article 177 of the EEC treaty binds the national court hearing the case concerned. It is for the national court, however, to decide whether it is sufficiently enlightened by the preliminary ruling given or whether it is necessary to make a further reference to the … Continue reading Milch-, Fett- und Eierkontor GmbH v Hauptzollamt Saarbrucken (Judgment): ECJ 24 Jun 1969

Europa 1. Transport – rates and conditions involving an element of support – examination – authorization – powers and duties of the commission (EEC treaty, article 80) 2. Measures adopted by an institution – statement of reasons (EEC treaty, article 190). 1. By empowering the commission to act on its own initiative or on application … Continue reading Italian Republic v Commission of the European Communities (Judgment): ECJ 9 Jul 1969

Europa Member states of the EEC – failure to fulfil an obligation arising under the treaty – application to the commission to initiate the procedure provided for in article 169 of the EEC treaty – refusal of the commission – application for annulment – inadmissibility. An application for the annulment of a measure by which … Continue reading Alfons Lutticke GmbH v Commission of the EEC (Judgment): ECJ 1 Mar 1966

ECJ In the case of an action under the second paragraph of article 169 of the EEC Treaty, it is for the court to say whether the failure has occurred, without having to examine whether, subsequent to the bringing of the action, the state in question took the measures necessary to bring the infringement to … Continue reading Commission EEC v Italy: ECJ 19 Dec 1961

Europa 1. Member states of the European communities – exclusive powers – exercise derogating from the provisions of the treaties – conditions imposed by the treaties 2. Member states of the EEC – failure to fulfil an obligation arising from the treaty – finding by the commission – allegation that the commission has intervened in … Continue reading Commission of the European Communities v French Republic (Judgment): ECJ 10 Dec 1969

Europa 1. Procedure – preliminary ruling – jurisdiction of the court – limits (EEC treaty, article 177) 2. Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Policy of the EEC – rules on competition applicable to undertakings – cartels – prohibition based on economic assessment – category … Continue reading Societe Technique Miniere (L T M ) v Maschinenbau Ulm GmbH (M B U ) (Judgment): ECJ 30 Jun 1966

Europa Procedure – preliminary ruling – national court or tribunal within the meaning of article 177 of the EEC treaty – bodies analogous to ordinary courts of law – power to refer cases to the court Procedure – preliminary ruling – jurisdiction of the court – interpretation (EEC treaty, article 177) 3. Free movement of … Continue reading G Vaassen-Gobbels (a widow) v Management of the Beambtenfonds voor het Mijnbedrij (Judgment): ECJ 30 Jun 1966

A measure carried out by means of discriminatory taxation, which may be considered at the same time as forming part of an aid within the meaning of article 92 of the EEC treaty, is governed both by the provisions of the first paragraph of article 95 . .